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Under the simplified procedure, parties present their evidence using affidavits that have been sworn or affirmed by their witnesses and transcripts from the examination for discovery. Witnesses only testify in person if they are called to be cross-examined by another party.
Commonly referred to simply as ?Discovery?, this is a process where each party asks the opposing party (or parties) questions about the matters at issue. Details on an Examination for Discovery can be found at Rule 31 of Ontario's Rules of Civil Procedure. Discovery usually occurs after pleadings have been filed.
Discovery enables everyone involved to know the facts and information about the case. Discovery may be completed before settlement negotiations occur and certainly before a trial beings. Discovery consists of four key actions: interrogatories, requests for production, requests for admission and depositions.
What questions will be asked during my examination for discovery? What to do at the scene of an accident? What to do after an accident? Should I contact police after a car accident? How long do I have to report a car accident? Should I go to the doctors after a car accident? What is a personal injury claim?
Here's what every lawyer should consider when creating a discovery plan: 1) Agree on timelines for your discovery plan. ... 2) Provide a list of custodians. ... 3) Lay out parameters for information disclosure. ... 4) Keep legal holds in mind. ... 5) Make sure preservation methods are forensically sound. ... 6) Define protective orders.